Funeral Assistance

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4/13/2020

Human Services & Public Health Department

Hennepin County Burial Assistance Policy Manual

March 24, 2014

1201 East Lake Street

Minneapolis, MN 55407

612-348-7984

612-632-8493 FAX

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Table of Contents

Appeals

Approvals and Denials- Notices

Assets

Demand for Notice

Family Cap

Income

Interviewing Applicants

Payment Table

Time Lines

Residency

Social Security Benefits (RSDI and SSI)

Veterans

Victims of Violent Crimes

Abbreviations

Definitions

Frequently Asked Questions

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APPEALS

When an application is denied, the applicant has a right to an appeal hearing. Our denial letter informs applicants that they must appeal within 60 days. It also informs them that if they have a good reason to delay longer than 60 days, they may have 90 days. We have been informed by the appeals office, that we cannot deny an appeal, simply because they missed the deadline for appealing. Appeals should be sent to the state. If we receive one in error, we should forward it to the state.

Once the State receives an appeal, the hearing is coordinated through the Eligibility Supports Appeal process. The staff in the Appeals office will notify the Burial Assistance staff. The lead worker will write up a formal appeals summary and send copies of it, along with all supporting documentation to the appeals office at Century Plaza. Lead Worker from the Burial Assistance Unit will attend the hearing.

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Approvals and Denials- Notices

Approval

Once the decision has been made to approve the application, the Next of Kin/Applicant will be called and informed of the approval and the amount of approved assistance. Send a system generated approval notice to the applicant.

Contact the service provider and verbally inform them of the payment amount. Ask the service provider if they prefer payment by county credit card or through the check payment system. Route the file accordingly.

(As we need a detailed invoice showing the total cost of the funeral is under the $3500 cap in order to approve we should not have any need to pend payments for detailed invoices)

Service Providers

The service providers must include the application for burial assistance, authorization to release information forms, along with the signed contract by the next of kin/applicant, and the funeral director showing the total charges for services. Invoices and/or contracts can be FAX’d to the Burial Assistance Program.

Applicants

The approval letter to the applicant for Burial Assistance should contain the following information:

1.

The name of the deceased person

2.

Any amount due the providers from the applicant or the estate.

Denial

When an application is denied, the applicant must be informed in writing, unless the denial is due to county of financial responsibility. In those situations, a phone call informing both the applicant and the service providers is sufficient.

The letter to the applicant should state:

1.

The reason for denial

2.

Information informing the applicant that they have the right to appeal. The time frames in which to appeal.

****COPIES OF ALL NOTICES SHOULD BE INCLUDED IN THE CASE FILE

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ASSETS

Available assets

1. Count assets even if on public assistance.

2. Excluded Assets:

 Exclude $1,000.00 if there is a surviving spouse, or dependent children or both. (Maximum exclusion is $1,000).

 Exclude the income of the deceased if receiving any cash benefits from RSDI, SSI, VA, GA, MSA or MFIP.

 Exclude the 1 st home, if there is a surviving spouse or dependent children living in the home.

 Exclude the first vehicle if there is a surviving spouse or a minor child over the age of sixteen years old. o Vehicles valued at under $500 are excluded

****Jointly owned assets are to be excluded if owned by someone other

than the responsible relative.****

Assets vs. Income

1.

The income of the deceased person is considered an asset in the month received and income thereafter. It is not counted when you do the income limit test.

2.

The income of the responsible relative is considered income, and is counted for the income limit test.

3.

When there is a responsible relative, and they meet the income limit test, you then look at the available assets.

****If the clients have been receiving public assistance and there is earned or unearned income verification in MAXIS or DIAMOND within the last six months do not delay processing. Use the information on file unless the amount claimed on the burial assistance application is significantly higher than the amount verified in our data systems.

Example: Married couple with a checking account. MAXIS indicates the account balance of $2500 was verified two months ago during an income review. On June 15, the date the husband dies. The bank statement shows a deposit of $600 Social Security for the husband and a payroll deposit of

$500 for the wife on June 1 st . (Wife earns $1000.00 per month)

The household passes the income test. A HH of one may earn up to $2,431 per month.

When looking at the available bank balance, apply $1,000 asset exclusion for the wife, and consider

the remaining $1500 as available to pay towards husband’s funeral.

Estate of the Deceased Person

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All assets belonging to the estate of the deceased except those excluded above, are to be considered as available for funeral costs. This includes life insurance benefits, (see below) nursing home account balances, pre-paid burial accounts, (see below) insurance settlements, and victim’s reparations. If the deceased individual owned assets that could be sold to pay for funeral costs, those too should be considered. Obtain verification of all accounts. If the deceased was on public assistance, and there is verification on MAXIS that assets have been verified within the last six months you may use the verified amount unless the amount claimed on the burial assistance application is significantly higher than the amount verified. (If the next of kin does not agree with the amount on MAXIS t they must provide a bank statement as of the date of death). If the estate contains numerous assets, such as recreational vehicles, lake property, real estate, multiple vehicles, deny the application, and explain that the resources will need to be liquidated to pay for the burial.

Life Insurance Policies

If there is a life insurance policy, we must know who the beneficiary is before we can consider using burial assistance funds. If there is a living beneficiary who is considered to be the next of kin (spouse, child adult or minor child), sibling, aunt, uncle, cousin, etc. the proceeds from the life insurance payout must be used for burial expenses. If there is no specific beneficiary named or if the beneficiary is the funeral director, the proceeds must be used for the burial of the individual. If the proceeds exceed $2100 deny the application.

If the deceased left behind any dependents, the first $1000 of the policy payment would be excluded, if there are no other available liquid assets. Hennepin County will not approve burial assistance payments without verification of the life insurance proceeds.

Pre-paid Burial Accounts-Counted vs Excluded Assets

If deceased has prepaid for funeral services including casket, body preparation, professional services or has a burial account trust, irrevocable trust account or life insurance policy these are all considered countable assets and applied against the maximum level of burial assistance ($2100.00).

If prior to the date of death the deceased paid for the burial plot, which may include charges for opening and closing of grave, it is considered excluded real property and is not counted as an available asset.

Donations, Fund Raisers or Other Contributions

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In some circumstances there may be community donations, fundraisers, etc. raised for the deceased or surviving family members. These assets must be considered prior to approving Burial Assistance.

Hennepin County Burial Assistance Specialists will hold the application for 7 days before processing in order to allow donations to be accepted and verified. Proceeds from fund-raising, donations and any other contributions from friends, family and/or the community are considered assets and are used to reduce the amount of the Hennepin County Burial Assistance payment. Hennepin County Burial Assistance

Specialists will verify the balance of any fund as a result of fund raising or donations on the 7 th day following the date of application for BA. This balance will be used (minus any deduction for spouse or minor children) to off-set the cost of Hennepin County Burial Assistance.

Demand for Notice

Oftentimes, after an individual dies, their estate becomes involved in Probate Court. If the county paid the cost of funeral expenses, the county has an interest in obtaining repayment from the proceeds of the estate.

For example, if the deceased individual owned a house, the proceeds from the sale of the house can be sought as reimbursement for burial expenses and also for some Medical Assistance payments.

It is the responsibility of the staff in the Burial Assistance Unit to notify the Hennepin County Probate Court of situations where the County may seek reimbursement for Burial Expenses. This is done by completing a form called “Demand for Notice’ and filing it with Probate Court. If the estate of the deceased then comes before Probate Court, the Probate Court staff notifies the staff in the Probate Area who then pursues reimbursement. The Burial Assistance staff is no longer involved in that process. The Burial Assistance staff files the Demand for Notice. The only time that a notice is not filed is when the deceased was an infant / minor child, or was never on any public assistance programs with Hennepin County.

Reported Assets and No Next of Kin

When a deceased person has bank assets and no next of kin the Funeral Director should be instructed to file an Affidavit of Collections with the bank in order to release the assets for burial purposes. No Burial

Assistance application can be approved until this process is completed.

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Maximum Burial Costs

The Burial Assistance Program has a maximum assistance level of $2100. As of April 15, 2011 there is a

$3500 cap on the cost of the burial in order to be eligible to receive burial assistance. Additional upgrades to services and purchases can be made as long as they total $1400 or less. Any funds that are pre-paid for any part of the burial assistance are deducted from the $2100 county contribution. This includes costs related to transporting remains from another state to Minnesota for burial. While families are allowed to contribute up to $1400, this payment cannot be made in advance of approval of burial assistance funds.

The total cost of the burial cannot exceed $3500. The rate structure is the same regardless of age, cremation or traditional services.

Hennepin County costs are limited to and will only authorize payment for the following services:

 Burial space

 Opening and closing of grave

 Vault

 Casket / Urn (maximum payment for urn is $200.00)

 Cremation

 Professional services

**** No reimbursement for burial expense once paid****

A detailed invoice which includes applicants and funeral directors signature is required before payment can be made.

As of 03/01/13 Hennepin County will no longer pay for out of state burials. Hennepin County will pay to have cremated remains shipped via Greyhound bus, FedEx or another carrier to a receiving state. If a

Hennepin County resident dies while visiting another state in which they wish to be buried or cremated,

Hennepin County will pay up to $2100 providing the total funeral does not exceed the $3500 limit. If a

Hennepin County resident dies while visiting another state and the next of kin want the remains transported to Minnesota, the cost of the transportation and all costs associate with the burial cannot exceed $3500.00.

No transportation costs can be pre-paid prior to the Hennepin County Burial Assistance application. Any pre-paid costs will be used to off-set the Hennepin County maximum payment of $2100.

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Income

Income of Deceased Person

Earned Income:

If the deceased person was employed, contact the employer to inquire about any available life insurance policy. Determine if there were any outstanding paychecks that would be payable to the estate and available for burial costs. The earned income of the deceased is considered as an asset in the month received. It is not included when determining if the income of the household meets the income guidelines.

Unearned Income:

Sources of countable unearned income could be unemployment benefits, worker’s compensation payments, trust payments, etc.

Do not count public assistance payments such as MFIP, GA, MSA if deceased was on public assistance

RSDI and VA benefits are considered sources of unearned income and become an asset if there are remaining funds after death. SSI is considered a federally funded public assistance benefit and is excluded.

Unearned income does not have to be verified if the deceased person is known to MAXIS and is either verified through interface with Social Security or has been verified in the last six months.

Rental Income from property owned by the deceased

The rental income belongs to the estate, and is therefore available for burial

expenses.

Income from Social Security

See Section on Social Security

Income of Responsible Relative (Spouse or parent of minor child)

If the responsible person is employed, we must request pay stubs from the last 30 days. All of their income is counted towards meeting the income limit test.

Determine HH size:

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If the responsible individual has earned income, use the following table to determine if the income is at or below the standard for the household size. Determine the HH size by including the responsible relative, and any dependent children residing in the household of the responsible relative. Do not include the deceased as a HH member. Do not include children of the deceased unless they live with the responsible relative.

Household Income Limits for Funeral Assistance

(2011)

People in HH* Gross Monthly Gross Annual

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2

3

4

5

2431

3277

4127

4969

5815

29,175

39,325

49,475

59,625

69,775

INTERVIEWING APPLICANTS

An in person interview is not needed however some applicants may wish to complete the application in person. We will accommodate those requests by seeing drop in clients, and callers requesting an appointment. The interview should not take place in the public lobby. Applicants can be shown to the conference room or interviewed by Burial Assistance Specialists in their cubicle for privacy.

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PAYMENTS

Step One

Determine whether or not the invoice is within the $3500 limit. Determine allowable charges/expenses.

***Do not allow coroner / medical exam fees***

Step Two

Subtract the following amounts:

 Money available in the estate

 Amount responsible parties are required to pay, after appropriate exclusions

 Other contributions from family, friends and community resources.

 Tribal Payments (if the deceased person is a member of a Native American tribe they must contact the tribe and ask for burial assistance. Any amount contributed by the tribe is used to offset the

$2100 that Hennepin County pays towards the $3500 cap. If ineligible for tribal assistance they must verify ineligibility.

Example: Single adult, no dependents. Cash on hand $100.00, life insurance policy $500.00, county would pay $2100.00 less $600 = $1500.00.

Step Three

Contact the next of kin / applicant, and provide them with the following information:

 The eligible amount of burial assistance.

 The amount the next of kin and/or estate of the deceased is expected to contribute. If the deceased was in a nursing home, we should instruct the nursing home to release the money to the funeral home. Generally, it is the responsibility of the next of kin to see that payments get to the funeral home however, in the case of nursing homes; they will often agree to release the funds to the funeral home. If requested, Burial

Assistance staff can fax a release of funds letter to the Nursing Home.

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TIMELINES

Processing Timelines

Our intention is to process applications within 48 hours of receipt of all required documents.

Day One- The date the application is received by the agency

 Review the application

 Enter it into the data base

 Contact applicant by phone if additional information is needed in order to process the

application. If you reach the applicant, request needed verifications and send a follow up letter documenting verifications needed. If unable to reach applicant, mail a verification request letter confirming requested verifications.

Day Two-If all necessary information received, approve the burial assistance application and contact the family and the service provider with the amount of approved assistance.

Day 7 : Review pending applications, and make a second attempt to contact next of kin via phone.

Day 14: Review application and send final request. Notify applicant that if all outstanding verifications are not received by the 30 th day, the application will be denied.

Day 30: Deny application

(If the next of kin indicated they are waiting on verifications, attempting to liquidate assets, etc. do not deny the application. As long as the next of kin is cooperating, continue to pend the application).

RECEIPT OF APPLICATION TIMELINES

The application must be received within 14 days of the date of death or notification by the Medical

Examiner. Any exceptions require manager approval. If the applicant or funeral home claims to have applied earlier than we receive the application they must provide proof (FAX time/date stamp).

If unable to provide proof that application was sent we will honor the date receipt is documented.

Any outstanding verification(s) must be received within 30 days of the date the application was received.

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RESIDENCY

In order to be eligible for HC Funeral Assistance, the deceased person must meet Hennepin County residency requirements. Citizenship does not factor into residency.

Residency is met in any of the following ways;

 If on Public Assistance, Hennepin County must be the financially responsible county, (CFR). ***

Deceased could be in a nursing home in another county, but if Hennepin is financially responsible for the case, Hennepin is financially responsible for the funeral assistance) Check MAXIS case notes for people who have recently moved into Hennepin County. The county a person moves from remains financially responsible for 3 months.

 If not on Public Assistance, the DP must have a last known address in Hennepin County and be able to provide verification of this. Verification can be a lease agreement, rent receipt, mail received, etc.

Residency and Students

When determining the county of responsibility for a college student, consider the living arrangement. Generally speaking, if they lived in off campus, year round housing, consider the county in which they lived to be the county of responsibility. If they lived in a dormitory, or other non permanent housing, consider their parent’s residence to be their permanent address.

Residency and Travelers

If individuals are vacationing/visiting/ traveling through the county, the county/state/country in which they are from is responsible for their burial assistance, However, if someone recently moved here, and is living in a shelter or temporarily with friends and family, with the intent of moving here, they we would consider them to be Hennepin County residents.

Reimbursement to Other Counties

Only reimbursement of up to $2100.00 will be authorized to any county as long as Hennepin County is the county of financial responsibility (CFR).

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SOCIAL SECURITY BENEFITS

RSDI

RSDI benefits are generally paid to individuals on the 3 rd of each month however some individuals receive staggered issuance. Regardless of what day the benefits are issued on, they are intended for the previous month. In order for an individual to be eligible for their RSDI income, they must live the entire month.

Example: John receives Social Security benefits. His check comes to him on May 3 rd . He died on

May 2 nd . Those benefits are for the month of April, since he was alive every day of April, his estate is entitled to keep those benefits. If John had died on April 30 th , the SSA would reclaim the benefits.

SSI- (Supplemental Security Income)

SSI is paid on the first of the month for which it is intended. SSI recipients do not have to be alive every day of the month for which their benefits are intended. If they die on June 3 rd , they keep all of their June issuance.

Example: Bob receives SSI. His check arrives on May 1st. Bob dies on May 10th. Bob’s estate is entitled to receive any benefits remaining. If Bob were to have died on April 30 th , the SSA would reclaim the May benefits.

Social Security Death Benefits

The funeral assistance program does not consider the Social Security Death benefit as available for

Funeral Assistance. This benefit is a $255 payment that is generally only payable to a surviving spouse, a minor child, or a disabled adult child. It takes 6-8 weeks, and would arrive too late to help with immediate funeral needs.

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Veteran’s Benefits

Veterans, and in some cases, their spouses, may be entitled to free burial ( burial plot only) at Fort Snelling

National Cemetery. The burial includes the fees for the opening and closing of the grave, as well as the headstone.

The VA is committed to ensuring that all veterans obtain the benefits they are entitled to. If the next of kin does not know if the individual is a veteran, we should refer these individuals to our Veteran’s Services

Office, at 612-348-3499.

Individuals may also contact the VA directly, to determine if the deceased or the spouse of the deceased was a veteran.

Verification requests for veteran status of adult decedents should be made to VA regional offices, medical facilities, or VA national cemeteries. By calling the VA toll-free benefits number, 1-800-827-1000, you will reach a representative who can verify if a decedent was a veteran and if VA burial benefits are in order.

Note: The VA is unable to verify veteran status of unidentified remains.

What information is required for verification?

The information needed for verification is the decedent's name and VA claim number (if known). Otherwise, as much of the following information as possible will be useful: Social Security number, date of birth, branch of military service, service number, and service dates.

What is the application process? Contact Hennepin County Veteran’s Services office for assistance with this process.

What is the time limit to apply for VA burial allowances?

There is no time limit for claiming reimbursement of burial expenses for a service-related death. In non service-related deaths, the claim must be filed within 2 years of the veteran's burial.

Are there related VA benefits?

The following are additional VA benefits for eligible veterans:

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Burial Flag - A United States flag is provided for veterans who served honorably. The purpose of the flag is to drape the veteran's casket. The flag should be presented to the veteran's next of kin immediately after the burial.

 Burial at VA National Cemeteries - Any veteran with honorable service is eligible for burial at a VA national cemetery. The nearest cemetery should be contacted for arrangements. Veterans are also

 eligible for burial at state veteran’s cemeteries.

Headstone and Marker - A headstone or marker is provided for the burial of veterans who served honorably. The National Cemetery Administration arranges that for burial at its national cemeteries.

On application, VA will also provide a headstone or marker for burials at other cemeteries.

Presidential Memorial Certificate.

A certificate honoring the memory of veterans who served honorably is sent to the veteran's next of kin, and other loved ones on request. The certificate bears the President's signature.

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Financial Help for Victims of Violent Crimes

Requirements:

Crime must have occurred in MN and the deceased is a resident of MN.

There are exceptions for residents visiting other countries or states

Innocent victims of a violent crime, in other words they weren’t in the act of committing a crime or contributing to the incident through any misconduct.

The crime must have reported the crime within 30 days to the police and cooperate with the investigation.

Eligible Applicant: o Person that has paid for some of the services for the victim o Dependents, family members or estate of the victim o Guardian, conservator, AREP of any of these persons

What Expenses are Paid? o Burial expenses for victims of crimes are determined on a case by case basis. o Funeral and Burial Costs-up to the maximum amount of $6,500.00 including travel. o They are to be the payer of last resort, making up for any amount that the family or Burial

Assistance has not already paid.

People may be entitled to both Burial Assistance and funding from the Crime Victims Reparations Board.

The approval of funding from the Crime Victims Reparations Board takes on average approximately 4 months. There are however cases that pend longer depending on the length of the investigation.

We do not forward Burial Assistance applications to the Crime Victims Reparations Board. Refer families to

651-201-7300 to make application if appear to have a basis of eligibility.

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APPENDIX

Abbreviations/Acronyms

BA- Burial Assistance

DP- Deceased Person

NoK- Next of Kin

RR- Responsible Relative

FP- Funeral Provider

Nich- Sealed above ground receptacle used for cremation

Definitions

Demand for Notice

Hennepin County must seek reimbursement whenever possible for benefits issued. When an estate comes before the Probate Court, the Probate staff must be notified, so they can determine if the county will seek reimbursement for Funeral Assistance payments and /or Medical Assistance payments. Funeral Assistance

Staff and Probate staff completes a Demand for Notice Form and file it with Probate court in situations where the county may possibly seek reimbursement.

Excluded Assets

Excluded assets are assets that cannot easily be liquidated to pay for funeral costs, or assets that are needed to maintain the safety and stability of surviving dependants, and spouses of the deceased.

Liquid Assets-

Liquid assets are assets that can easily be converted into cash. They include: Cash on hand, checking accounts, savings accounts, certificates of deposit, money market accounts, stocks, bonds, life insurance accounts, prepaid burial accounts, etc.

Responsible Relative

If the DP was married at the time of death, their spouse is a responsible relative. If the DP was a minor child, the parents of the minor child are responsible relatives. A responsible relative is someone the county considers to be financially responsible for the funeral expenses. The responsible relative’s income and assets are considered available and must be verified. The responsible relative is required to complete the supplemental application.

Frequently Asked Questions

(FAQ)

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What about purchasing flowers, head stones, plane tickets, memorials, monuments, funeral attire, etc.?

Hennepin County Burial Assistance does not consider payment of costs associated with monuments, funeral attire, flowers, etc. as available to offset the $2100.

The money belonging to the estate of the deceased cannot be spent on extras, before the standard expenses are paid. If there is more than $2100 in the deceased person’s account, they are not eligible for funeral assistance. They cannot spend down the money, paying for plane tickets, memorials, etc, and then request funeral assistance to pay for the burial.

Note: Do not confuse this with probate questions. If the funeral expenses have been paid for by the estate, additional “reasonable” funeral expenses such as some of those mentioned above may also be purchased before the probate area captures remaining funds.

What about upgrading the services the county pays for?

Hennepin County Burial Assistance allows family members to upgrade services. For example, if the adult child of the deceased wants to pay for a more expensive casket, we will allow them to do so up to however the total cost of the burial cannot exceed $3500.

What about transportation?

Hennepin County will pay for transportation expenses (of the DP) within the state of Minnesota. We will not pay for transportation outside the state of Minnesota.

What about Out of State burials?

As of 03/01/13 Hennepin County will no longer pay for out of state burials. Hennepin County will pay to have cremated remains shipped via Greyhound bus, FedEx or another carrier to a receiving state. If a Hennepin County resident dies while visiting another state in which they wish to be buried or cremated, Hennepin County will pay up to $2100 providing the total funeral does not exceed the $3500 limit. If a Hennepin County resident dies while visiting another state and the next of kin want the remains transported to Minnesota, the cost of the transportation and all costs associate with the burial cannot exceed $3500.00. No transportation costs can be pre-paid prior to the Hennepin County Burial Assistance application. Any pre-paid costs will be used to off-set the

Hennepin County maximum payment of $2100.

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